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PC Res 4175RESOLUTION NO. 4175 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE. CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2014-143) TO ALLOW THE REMOVAL OF TWELVE TREES ON PROPERTIES LOCATED AT 2295 and 2305 S. WINCHESTER BOULEVARD. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The Planning Commission finds as follows with regard to File No. PLN2014-143 Environmental Finding An Initial Study has been prepared for the project which provides documentation for the factual basis for concluding that a Mitigated Negative Declaration may be adopted since no substantial evidence exists, in light of the whole record, that the project may have a significant effect on the environment. The project proposes to allow construction of a mixed-use project with density bonus parking standards (16 residential condominium units and 3,200 square-feet of ground floor retail space) on properties located at 2295 & 2305 S. Winchester Boulevard. Evidentiary Findings 2. The proposed project ("project") is a mixed-use project with density bonus parking standards (16 residential condominium units and 3,200 square-feet of ground floor retail space), as well as removal of existing on-site trees. The project includes applications for a Planned Development Permit (PLN2014-140), Vesting Tentative Subdivision Map (PLN2014-141), Zoning Map Amendment (PLN2014-142), Tree Removal Permit (PLN2014-143), and Mitigated Negative Declaration (PLN2014-144). 3. The project site is a .56 net acre assemblage of two properties. 4. The project site is generally located at the southwest corner of South Winchester Boulevard and EI Caminito Avenue, abutting asingle-family residence to the west and a small retail center to the south. 5. The project site is zoned P-D (Planned Development) as shown on the Campbell Zoning Map and will be rezoned to C-PD (Condominium Planned Development). 6. The project site is designated Central Commercial as shown on the Campbell General Plan Map. The project site is within the boundaries of the Winchester Boulevard Master Plan. 7. The proposed Planned Development Permit will allow construction of construction of a mixed-use project (16 residential condominium units and 3,200 square-feet of ground floor retail space). Planning Commission Resolution No. 4175 Recommending Approval of a Tree Removal Permit File No.: PLN2014-143 Page 2 8. A tree survey prepared for the project cataloged 18 trees within and along the project site (12 actually located on the project site). Removal of all on-site trees will be required to accommodate construction of the mixed-use building, parking lot, and bioretention area. 9. Removal of trees greater than 12-inches in diameter requires a Tree Removal Permit under the City's Tree Protection requirements (CMC 21.32). 10. The project includes demolition of all structures and re-grading of the property to the extent that retention of the existing trees would not be feasible or practical. As a result, the removal of all 12 (twelve) onsite trees is necessary to accommodate the construction of the mixed-use building, parking lot, and bio-retention area and other onsite improvements. 11. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 12. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees due to the number of site constraints of the infill site. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2014-143) to allow the removal of twelve trees, subject to the attached recommended Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 11th day of November, 2014, by the following roll call vote: AYES: Commissioners: Finch, Kendall, Resnikoff, Reynolds, and Rich NOES: Commissioners: None ABSENT: Commissioners Dodd and Young ABSTAIN: Commissioners: None ATTEST: APPROVED: ~..~ ~,~ . Paul Resnikoff, Chair EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL Tree Removal Permit (PLN2014-143) Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Approved Permit: Approval is granted for allow the removal of twelve (12) on-site tr Plan) of the Revised Project Plans, dates October 22, 2014. This permit shall be valid approved Planned Development Permit Subdivision Map (PLN2014-141). ~ Tree Removal Permit (PLN2014-143) to 'es as indicated Sheet L-1.0 (Landscape as received by the Planning Division on only in conjunction with, and subject to the (PLN2014-140) and Tentative Vesting 2. Time of Removal: The protected trees shall be removed in conjunction with demolition of existing on-site structures, subject to the mitigation measures incorporated into the conditions of approval for the Vesting Tentative Subdivision Map. 3. Replacement Trees: All protected tree shall be replaced at a minimum of a one-to-one ratio with 24-inch box trees to be noted with the project's "final" landscaping plan.